What If the Other Driver Insurer Is Slow to Pay
You can press the other insurer, file with your own insurer instead, or ask your state's insurance department to step in.
You don't have to just wait
If the other driver's insurer is slow, you have options besides waiting them out. You can ask your own insurer to pay under your collision or uninsured motorist coverage, then let your insurer collect from the other side later. You can also put the delay in writing to the other insurer and, if it goes on too long, file a complaint with your state's insurance department.
Which option makes sense depends on what coverage you carry and how clear it is that the other driver was at fault. A claim where fault is obvious and documented tends to move faster once it gets attention. One where fault is disputed can sit for longer, no matter who you push.
Your own coverage decides how fast you can move
If you carry collision coverage, you don't have to wait on the other driver's insurer at all. You can file with your own insurer, get your car repaired, and let the two insurers sort out payment between themselves afterward. You'll likely pay your deductible up front, but your insurer will usually recover it for you once they're reimbursed.
If you don't carry collision coverage, or you're waiting on something collision doesn't cover, like a rental car or lost wages, you have less leverage. In that case the pressure has to come from documentation and follow-up with the other insurer directly.
Check your own policy before you decide how to push. Knowing what you're entitled to from your own insurer changes whether waiting on the other side is even necessary.
How clear fault is changes everything
When fault is clear, a police report says so, there's a traffic citation, witnesses agree, the other insurer usually has little reason to delay once a claim is in front of the right adjuster. Most slowdowns at that point come from paperwork sitting in a queue, not from a dispute.
When fault is contested, the other insurer may be investigating, waiting on a recorded statement, or waiting on their own insured to respond. That kind of delay doesn't move faster just because you call more often. It moves when the investigation finishes.
Ask the adjuster directly what they're waiting on. If it's a document or statement you can help provide, send it. If it's something out of your hands, like their insured's cooperation, that's worth knowing too, since it may be time to lean on your own uninsured motorist coverage instead.
Questions people ask about this
How long can an insurance company take to pay a claim?
There's no single timeline that applies everywhere. Many states set deadlines for an insurer to acknowledge a claim or respond to documentation, but these rules vary by state. Check with your state's insurance department to find out what applies where you live.
Can I sue the other driver's insurance company for delaying my claim?
You generally can't sue an insurer you don't have a policy with for delay alone, since you're not their customer. What you can do is file a complaint with your state's insurance regulator, or in some cases pursue the other driver directly rather than their insurer.
Does filing with my own insurer hurt my rates if the accident wasn't my fault?
When your insurer pays a claim and then recovers the cost from the at-fault driver's insurer, that process is called subrogation, and it generally isn't supposed to affect your rate the way an at-fault claim would. Ask your insurer directly how they handle rating after a successful subrogation.
What is bad faith insurance and does a slow claim count?
Bad faith refers to an insurer unreasonably denying, delaying, or investigating a valid claim, and what counts varies by state law. A single slow response usually isn't enough on its own. A pattern of unreasonable delay without explanation is more likely to qualify, but this is worth raising with your state's insurance department or an attorney if it goes on.
Should I get my own estimate while I wait for the other insurer?
Getting an independent repair estimate is reasonable and gives you your own documentation of the damage and cost. It doesn't replace the other insurer's own appraisal, but having it in hand gives you something concrete to compare against theirs and to point to if they dispute the amount.
See what your own policy covers while this gets sorted out.
Pull out your policy and check what collision or uninsured motorist coverage you carry, since that tells you whether you can move forward without waiting on the other insurer. Call the adjuster handling the other driver's claim and ask directly what they're waiting on, then get that in writing if you can. If the delay goes past what feels reasonable, file a complaint with your state's insurance department, they track patterns of slow handling. Keep a simple log of every call and letter with dates, since you'll want it if the delay stretches on. If your own insurer pays first, ask them how subrogation works for your policy so you know what to expect on your rate.
